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Court’s Role Under Section 11(5) or 11(6) of Arbitration Act Limited to Confirming Arbitration Agreement and Timeliness of Filing: Delhi High Court
In a significant ruling, the Delhi High Court has appointed an arbitrator to resolve a dispute between the partners of a firm, invoking the provisions of the Arbitration and Conciliation Act, 1996. The case, filed by Raj Kumari Taneja against Rajinder Kumar and another, centers around a disagreement that arose from a…
Court Reaffirms “Adeeb” Qualification as Equivalent to Class 10th Qualification: Rajasthan High Court
In a significant ruling, the Rajasthan High Court at Jodhpur addressed the recognition of the ‘Adeeb’ qualification from Jamia Urdu, Aligarh as equivalent to the Secondary Examination for eligibility in government recruitment, particularly for the post of Health Worker (Female) (Non-TSP). This decision, pronounced on…
O6 R7 CPC, Court Clarifies Differences in Amendment Considerations for Plaint and Written Statement: Jammu and Kashmir High Court
In the case of Ghulam Hassan Khanyari v. Reyaz Ahmad Bhat & Anr., the Court has addressed the application for amendment of the written statement under the Code of Civil Procedure (CPC). Key Facts: 1. Settlement and Demarcation: The dispute involves land settled among four co-owners on October 31, 1991. Each party was…
Court Condoned Delay in Filing Appeal Due to GST Portal Notices, Lack of Hard Copy Service: Madras High Court
The Madras High Court, in a recent ruling, condoned a significant delay in filing an appeal under the Goods and Services Tax (GST) Act, 2017, thereby providing relief to a petitioner who had challenged the demand order issued by the State Tax Officer. This judgment emphasizes the importance of ensuring proper service…
Public Safety Act Cannot Bypass Due Process Established Under Criminal Procedure Code: Jammu and Kashmir High Court
In a significant judgment, the High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of Hamid Mohd. under the Jammu & Kashmir Public Safety Act, 1978 (PSA), highlighting serious lapses in the application of the law. The judgment, delivered by Hon'ble Justice Rahul Bharti, underscores the…
Husband’s Decision to Live Separately from Parents: Wife’s Neglect of In-Laws Doesn’t Constitute Cruelty: Allahabad High Court
The Delhi High Court recently ruled on a significant case involving the Hindu Marriage Act, 1955, wherein a divorce petition was filed based on the grounds of irretrievable breakdown of marriage and mental cruelty. The judgment underscores the evolving nature of marital disputes and the necessity for legal provisions…
Assam Government Criticized by Court for Delayed Notification of Draft Child Protection Policy and Rules: Gauhati High Court
On August 22, 2024, the Gauhati High Court addressed significant delays in the notification of the Draft Rules and the Draft Child Protection Policy related to the Juvenile Justice (Care and Protection of Children) Act. The case highlights the need for expedited action to ensure the protection of children's rights.…
Court Cancels Gift Deed as Son Refuses to Support Aged Mother Under S.23 Senior Citizens Act: Karnataka High Court
In a significant ruling under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Karnataka High Court declared a gift deed null and void after a son neglected his obligation to care for his aging mother. The judgment underscores the provisions of Section 23 of the Act, which empowers senior…
Notice Served on Petition Against Union Bank Executive Director’s Appointment for Sexual Harassment Allegations: Delhi High Court
On Thursday, the Delhi High Court issued a notice on a Public Interest Litigation (PIL) challenging the appointment of Pankaj Dwivedi as the Executive Director of Union Bank of India. The PIL was filed by a woman who has alleged that Dwivedi is facing sexual harassment charges. Dwivedi's appointment as Executive…
Accused Frequently Escape Conviction Due to Insufficient Evidence; Courts Should Recognize Friendly Cash Loans Between Parties: Delhi High Court
In a significant legal development, the Delhi High Court has overturned a lower court's acquittal in a case concerning the dishonor of cheques under the Negotiable Instruments Act. The case sheds light on the interpretation of key sections of the Act and underscores the obligations of the accused in such proceedings.…
